Apex Electromec Pharma Pvt Ltd And 3 ORS v. The Cosmos Co-Op Bank Ltd

3-carbpl568-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIALARBITRATION PETITION (LDG.) NO.568 OF 2019 Apex Electromec Pharma Pvt. Ltd. & Ors.

...Petitioners

V/s.

The Cosmos Co-op. Bank Ltd.

...Respondent

Mr.Ajit N. Jakhadi for the Petitioners.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 18TH JUNE, 2019.

P.C. :- 1.

Admittedly the arbitral award was served by learned arbitrator upon the petitioners in the month of October, 2016, whereas the arbitration petition is lodged on 27th May, 2019 i.e. beyond the period of three months from the date of service of the signed copy of the award under section 31(5) of the Arbitration & Conciliation Act, 1996. Mr.Jakhadi, learned counsel appearing for the petitioners does not dispute that the petition is barred by limitation under section 34(3) of the Arbitration & Conciliation Act, 1996. The commercial arbitration petition is accordingly dismissed as barred by law of limitation. No order as to costs.

(R.D. DHANUKA, J.) 1/1